#THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
__________ 

##ARRANGEMENT OF SECTIONS 
_____________ 

###CHAPTER I 

PRELIMINARY

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions.

CHAPTER II 

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL 

3. Talaq to be void and illegal.
4. Punishment for pronouncing talaq. 

CHAPTER III 

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN 

5. Subsistence allowance. 
6. Custody of minor children.
7. Offence to be cognizable, compoundable, etc. 
8. Repeal and savings. 

 

#THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 

##ACT NO. 20 OF 2019 

[31st July, 2019.]

An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by 
their husbands and to provide for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 

##CHAPTER I 

###PRELIMINARY 

1. **Short  title,  extent  and  commencement.**—(1)  This  Act  may  be  called  the  Muslim  Women 
(Protection of Rights on Marriage) Act, 2019.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force on the 19th day of September, 2018. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) 
of section 2 of the Information Technology Act, 2000 (21 of 2000); 

(b)  “Magistrate”  means  a  Judicial  Magistrate  of  the  first  class  exercising  jurisdiction  under  the 
Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides; 
and 

(c)  “talaq”  means  talaq-e-biddat  or  any  other  similar  form  of  talaq  having  the  effect  of 
instantaneous and irrevocable divorce pronounced by a Muslim husband. 

##CHAPTER II 

###DECLARATION OF TALAQ TO BE VOID AND ILLEGAL 

3. **Talaq to be void and illegal.**—Any pronouncement of talaq by a Muslim husband upon his wife, by words, 
either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

4. **Punishment for pronouncing talaq.**—Any Muslim husband who pronounces talaq referred to in 
section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, 
and shall also be liable to fine.

##CHAPTER III 

###PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN 

5. **Subsistence allowance.**—Without  prejudice  to  the  generality  of  the  provisions  contained  in  any 
other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be 
entitled  to  receive  from  her  husband  such  amount  of  subsistence  allowance,  for  her  and  dependent 
children, as may be determined by the Magistrate. 

6. **Custody of minor children.**—Notwithstanding anything contained in any other law for the time 
being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of 
pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

7. **Offence to be cognizable, compoundable, etc.**—Notwithstanding anything contained in the Code 
of Criminal Procedure, 1973 (2 of 1974),—

(a)  an  offence  punishable  under  this  Act  shall  be  cognizable,  if  information  relating  to  the 
commission of the offence is given to an officer in charge of a police station by the married Muslim 
woman upon whom talaq is pronounced or any person related to her by blood or marriage; 

(b) an offence punishable under this Act shall be compoundable, at the instance of the married 
Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms 
and conditions as he may determine;

(c) no person accused of an offence punishable under this Act shall be released on bail unless the 
Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon 
whom  talaq  is  pronounced,  is  satisfied  that  there  are  reasonable  grounds  for  granting  bail  to  such 
person. 

8. **Repeal and savings.**—(1)  The  Muslim  Women  (Protection  of  Rights  on  Marriage)  Second 
Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed.

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  Muslim  Women 
(Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have 
been done or taken under the provisions of this Act.